A-23111, JUNE 2, 1928, 7 COMP. GEN. 772

A-23111: Jun 2, 1928

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REQUESTING DECISION WHETHER A CERTIFICATE FROM THE BUREAU OF NAVIGATION SETTING FORTH THAT A RESERVIST HAS PERFORMED A DEED OR ACT WHICH IS CONSIDERED AS "EXTRAORDINARY HEROISM" AS CONTEMPLATED BY THE ACT OF AUGUST 29. IS ACCEPTABLE AS ESTABLISHING THE MAN'S RIGHT AS A TRANSFERRED MEMBER OF THE FLEET NAVAL RESERVE TO INCREASE OF 10 PERCENT ON RETAINER PAY AUTHORIZED FOR MEMBERS "CREDITED WITH EXTRAORDINARY HEROISM" AS PROVIDED THEREIN. IS BEFORE YOU FOR ADJUSTMENT AND THAT LETTER DATED MAY 3. THE ABOVE-NAMED MAN WAS TRANSFERRED TO THE FLEET NAVAL RESERVE. AN INVESTIGATION OF THE RECORDS SHOW THAT THIS MAN HAS NEVER BEEN CREDITED WITH EXTRAORDINARY HEROISM ALTHOUGH IT IS BELIEVED HE SHOULD BE.

A-23111, JUNE 2, 1928, 7 COMP. GEN. 772

PAY - RETAINER - FLEET NAVAL RESERVE MEMBER CREDITED WITH EXTRAORDINARY HEROISM THE PROVISION IN THE ACT OF AUGUST 29, 1916, 39 STAT. 590, AUTHORIZING 10 PERCENT INCREASE OF RETAINER PAY TO TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE "WHO MAY BE CREDITED WITH EXTRAORDINARY HEROISM IN THE LINE OF DUTY" CONTEMPLATED SUCH RECOGNITION OF AN ACT OF HEROISM AS THEN PROVIDED BY LAW IN SECTION 1407, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 3, 1901, 31 STAT. 1099, AND WHERE THE RECORD DOES NOT SHOW AN AWARD PRIOR TO FEBRUARY 4, 1919, OF A MEDAL OF HONOR FOR EXTRAORDINARY HEROISM AS PROVIDED IN SECTION 1407, REVISED STATUTES, AS AMENDED, RIGHT TO SUCH INCREASE OF RETAINER PAY DOES NOT ACCRUE.

COMPTROLLER GENERAL MCCARL TO LIEUT. W. DISMUKES, UNITED STATES NAVY, JUNE 2, 1928:

BY DIRECTION OF THE SECRETARY OF THE NAVY THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 15, 1928, REQUESTING DECISION WHETHER A CERTIFICATE FROM THE BUREAU OF NAVIGATION SETTING FORTH THAT A RESERVIST HAS PERFORMED A DEED OR ACT WHICH IS CONSIDERED AS "EXTRAORDINARY HEROISM" AS CONTEMPLATED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 590, IS ACCEPTABLE AS ESTABLISHING THE MAN'S RIGHT AS A TRANSFERRED MEMBER OF THE FLEET NAVAL RESERVE TO INCREASE OF 10 PERCENT ON RETAINER PAY AUTHORIZED FOR MEMBERS "CREDITED WITH EXTRAORDINARY HEROISM" AS PROVIDED THEREIN.

YOU STATE THAT THE ACCOUNT OF FRANK WILLIAM CRILLEY, 185-47-83-CGM, F.3- C, IS BEFORE YOU FOR ADJUSTMENT AND THAT LETTER DATED MAY 3, 1928, HAS BEEN RECEIVED FROM THE BUREAU OF NAVIGATION READING AS FOLLOWS:

1. THE ABOVE-NAMED MAN WAS TRANSFERRED TO THE FLEET NAVAL RESERVE, CLASS 1-C, ON 11 MAY, 1917.

2. AN INVESTIGATION OF THE RECORDS SHOW THAT THIS MAN HAS NEVER BEEN CREDITED WITH EXTRAORDINARY HEROISM ALTHOUGH IT IS BELIEVED HE SHOULD BE, AS THE RECORDS SHOW THAT HE WAS GIVEN A SILVER LIFE-SAVING MEDAL FOR SAVING THE LIFE OF CHIEF GUNNER'S MATE WILLIAM F. LOUGHMAN ON 17 APRIL, 1915, WHILE WORKING IN CONNECTION WITH THE SALVAGING OF THE U.S.S. F-4 AT HONOLULU, T.H. FOLLOWING IS A COPY OF THE LETTER OF COMMENDATION WRITTEN BY THE SECRETARY OF THE NAVY ON 13 DECEMBER, 1915, RELATIVE TO THE HEROIC ACT OF CRILLEY:

"THE ATTENTION OF THE DEPARTMENT HAS BEEN CALLED TO THE EXCELLENT WORK YOU DID IN CONNECTION WITH THE SALVAGE OF THE F-4, AND PARTICULARLY TO YOUR HEROIC WORK IN THE RESCUE OF CHIEF GUNNER'S MATE WILLIAM F. LOUGHMAN, U.S. NAVY, WHEN HE BECAME FOUL WHILE DIVING AT A DEPTH BEYOND TWO HUNDRED AND FIFTY FEET.

"SUCH WORK IS HIGHLY COMMENDABLE AND THE DEPARTMENT WISHES TO EXTEND TO YOU ITS APPRECIATION OF THE MANNER IN WHICH YOU PERFORMED THIS DUTY.

"A COPY OF THIS LETTER HAS BEEN MADE A PART OF YOUR RECORD.'

3. THE BUREAU CONSIDERS THAT THIS IS A CASE OF EXTRAORDINARY HEROISM AS DEFINED BY THE ACT OF 29 AUGUST, 1916, AND THE ACT APPROVED 28 FEBRUARY, 1925, TO BE EFFECTIVE 1 JULY, 1925, AND IT IS RECOMMENDED THAT CRILLEY'S RETAINER PAY BE INCREASED ACCORDINGLY.

R. H. LEIGH.

THE ACT OF AUGUST 29, 1916, 39 STAT. 590, PROVIDED:

MEMBERS OF THE FLEET NAVAL RESERVE WHO HAVE, WHEN TRANSFERRED TO THE FLEET NAVAL RESERVE, COMPLETED NAVAL SERVICE OF SIXTEEN OR TWENTY OR MORE YEARS SHALL BE PAID A RETAINER AT THE RATE OF ONE-THIRD AND ONE-HALF, RESPECTIVELY, OF THE BASE PAY THEY WERE RECEIVING AT THE CLOSE OF THEIR LAST NAVAL SERVICE PLUS ALL PERMANENT ADDITIONS THERETO: PROVIDED, THAT THE PAY AUTHORIZED IN THIS PARAGRAPH AS A RETAINER SHALL BE INCREASED TEN PERCENTUM FOR ALL MEN WHO MAY BE CREDITED WITH EXTRAORDINARY HEROISM IN THE LINE OF DUTY OR WHOSE AVERAGE MARKS IN CONDUCT FOR TWENTY YEARS OR MORE SHALL NOT BE LESS THAN NINETY-FIVE PERCENTUM OF THE MAXIMUM.

SECTION 24 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1087, PROVIDES:

ALL ENLISTED MEN WHO HERETOFORE HAVE BEEN TRANSFERRED FROM THE REGULAR NAVY TO THE FLEET NAVAL RESERVE ESTABLISHED BY THE ACT OF AUGUST 29, 1916, AND WHO BY SECTION 1 OF THIS ACT ARE TRANSFERRED TO THE FLEET NAVAL RESERVE HEREIN CREATED, SHALL RECEIVE THE RATE OF PAY THEY WERE LEGALLY ENTITLED TO RECEIVE IN THE NAVAL RESERVE FORCE: * * *

SECTION 1407, REVISED STATUTES, PROVIDED AS FOLLOWS:

SEAMEN DISTINGUISHING THEMSELVES IN BATTLE, OR BY EXTRAORDINARY HEROISM IN THE LINE OF THEIR PROFESSION, MAY BE PROMOTED TO FORWARD WARRANT OFFICERS, UPON THE RECOMMENDATION OF THEIR COMMANDING OFFICER, APPROVED BY THE FLAG OFFICER AND SECRETARY OF THE NAVY. AND UPON SUCH RECOMMENDATION THEY SHALL RECEIVE A GRATUITY OF ONE HUNDRED DOLLARS AND THE MEDAL OF HONOR, TO BE PREPARED UNDER THE DIRECTION OF THE NAVY DEPARTMENT.

THIS WAS AMENDED BY THE ACT OF MARCH 3, 1901, 31 STAT. 1099, READING AS FOLLOWS:

THAT ANY ENLISTED MAN OF THE NAVY OR MARINE CORPS WHO SHALL HAVE DISTINGUISHED HIMSELF IN BATTLE OR DISPLAYED EXTRAORDINARY HEROISM IN THE LINE OF HIS PROFESSION SHALL, UPON THE RECOMMENDATION OF HIS COMMANDING OFFICER, APPROVED BY THE FLAG OFFICER AND THE SECRETARY OF THE NAVY, RECEIVE A GRATUITY AND MEDAL OF HONOR AS PROVIDED FOR SEAMEN IN SECTION FOURTEEN HUNDRED AND SEVEN OF THE REVISED STATUTES.

SECTION 1407, REVISED STATUTES, AND THE ACT OF MARCH 3, 1901, WERE IN FORCE WHEN THE ACT OF AUGUST 29, 1916, WAS ENACTED. BUT, SEE, 5 COMP. GEN. 258. SAID ACT OF AUGUST 29, 1916, DOES NOT DEFINE WHAT SHALL CONSTITUTE AN ACT OF EXTRAORDINARY HEROISM NOR DOES IT PRESCRIBE HOW CREDIT THEREFOR SHALL BE DETERMINED, BUT OBVIOUSLY CONTEMPLATED SUCH RECOGNITION OF AN ACT OF HEROISM AS THEN PROVIDED BY LAW IN SECTION 1407, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 3, 1901. WHEN, UNDER SAID STATUTES, ACTION HAS BEEN TAKEN BY PROPER NAVAL AUTHORITIES RECOGNIZING PERFORMANCE OF "EXTRAORDINARY HEROISM," SUCH CREDIT IS SUFFICIENT TO ENTITLE THE MAN TO THE 10 PERCENT INCREASE OF RETAINER PAY AS A TRANSFERRED MEMBER OF THE FLEET NAVAL RESERVE. DECISION 81 MS. COMP. DEC. 1024, JUNE 2, 1917.

IN THE INSTANT CASE THE RECORD DOES NOT SHOW AN AWARD PRIOR TO FEBRUARY 4, 1919, OF A MEDAL OF HONOR FOR EXTRAORDINARY HEROISM AS PROVIDED IN SECTION 1407, REVISED STATUTES, AS AMENDED.

YOU ARE ADVISED THAT UPON THE FACTS STATED, ACTION TAKEN BY THE BUREAU OF NAVIGATION, AS SHOWN IN LETTER OF MAY 3, 1928, DOES NOT AUTHORIZE PAYMENT OF INCREASED RETAINER PAY TO CRILLEY BECAUSE OF "EXTRAORDINARY HEROISM IN LINE OF DUTY.'